GUIDELINES ON THE WORKING OF TIFR WOMEN’S CELL (TWC) FOR
DEALING WITH SEXUAL HARRASSMENT
BACKGROUND
According to the Constitution of India, Right to Equality is a Fundamental Right that
includes the right to equality before law, prohibition of discrimination and equality of
opportunities in matters of public employment. Equality between men and women, right
to work, to education and to public assistance in case of unemployment, old age, sickness
and disablement and provision of just and humane conditions for work and maternity
relief, are important Directive Principles of State Policy.
Following the 1997 Supreme Court judgment in the case of Vishaka and others
versus the State of Rajasthan, the Women’s cell in TIFR was constituted in November
1997, in accordance with the mandate that it shall be the duty of the Employer to prevent
or deter the commission of acts of sexual harassment and to provide the procedures for
the resolution, settlement or prosecution of acts of sexual harassment by taking all steps
required, and to be proactive by developing a conducive atmosphere on the campus,
where women can work safely with dignity.
Over the last seven years TIFR Women's Cell (TWC) has been dealing with cases of
sexual harassment that came up, and has also been organizing awareness activities and
women's welfare workshops/lectures. In the light of the experience a definite need is
perceived for sensitization of the employees towards gender issues, and laying down
guidelines for handling cases of sexual harassment or misbehaviour. It is also felt that
various policies concerning recruitment, promotion, and service conditions should be
reviewed to ensure that they meet high standards in the current perspective on gender
issues, even though it may be broadly agreed that the policies at TIFR have been
generally progressive in the overall context of the country.
Purpose and Content of the Guidelines
This document on Guidelines for Functioning of the TWC is prepared with the following
aims:
1. Assist the TWC in carrying out its functions;
2. Sensitize all the constituencies of TIFR towards the Constitutional and Supreme
Court mandate of prohibition of gender discrimination and sexual harassment at
work place;
3. Inform all about functioning of the TWC at TIFR; and
4. The document includes the objectives, definitions, functions, complaint redressal
procedure, guidelines for constitution of the TWC and a Panel of Advisors, ethical
responsibilities to the complainants and the alleged perpetrator.
These Guidelines are applicable to all TIFR employees.
OBJECTIVES
Following are the objectives of the TWC:
1. Prevent gender discrimination and sexual harassment, by promoting gender amity
amongst all TIFR employees.
2. Make recommendations to the Director for changes/elaborations in the Rules,
Standing orders and Bye-Laws etc, to make them gender just and to lay down
procedures for the prohibition, resolution, settlement and prosecution of acts of
sexual harassment by and of TIFR employees.
3. Deal with cases of sexual harassment, in a time bound manner, aiming at ensuring
support services to the victimized and termination of the harassment;
4. Recommend appropriate punitive action against the guilty party to the Director.
DEFINITIONS
Gender discrimination
Sexual differences are biological differences and gender differences are socially or
culturally constructed. Sexual and gender stereotypes are supported by sexist attitudes.
Sexism is a prejudice or discrimination on the grounds of sex, especially against women.
Sexism is an attitude or mindset, which justifies male control over women, headship for
the man and subordination for women, and such attitude often justifies discrimination and
violence against women. It restricts perception of dignity and worth of women, denies
their contribution to society, and makes their rights and opportunities conditional,
resulting in their vulnerability.
In the work place, denial of employments to women due to women's reproductive
role, or rigidity in attitude, which hinders the reproductive role of women (for example
non-flexible work hours and timings, non-availability of day care services, lack of
maternity leave etc.), adds to gender discrimination.
Sexual harassment
According to the Supreme Court Judgment, sexual harassment includes such
unwelcome sexually determined behaviour (whether directly or by implications), such as
the following:




Physical contact and advances
A demand or request for sexual favours
Showing pornography
Any other unwelcome, physical, verbal or non-verbal conduct of sexual nature.
The Judgment further states that "Where any of these acts is committed in
circumstances whereunder the victim of such conduct has a reasonable apprehension, that
in relation to the victim's employment or work whether she is drawing salary, or
honorarium or voluntary whether any Government, public or private enterprise, such
conduct can be humiliating and may constitute a health and safety problem. It is
discriminatory, for instance, when the woman has reasonable grounds to believe that her
objection would disadvantage her in connection with her employment or work including
recruiting or promotion or when it creates a hostile work environment that adverse
consequences might be visited if the victim does not consent to the conduct in question or
raises any objection thereto".
According to the Code of Conduct at Work Place prepared by the National
Commission for Women in 1998, sexual harassment includes such unwelcome sexually
determined behaviour by any person either individually or in association with other
persons or by any person in authority, whether directly or by implications, such as the
following:






Eve Teasing
Unsavoury remarks
Jokes causing or likely to cause awkwardness or embarrassment
Innuendos and taunts
Gender based insults or sexist remarks
Unwelcome sexual overtone in any manner such as over telephone (obnoxious
telephone calls) and the like


Touching or brushing against any part of the body and the like
Displaying pornographic or other offensive or derogatory pictures, cartoons,
pamphlets or sayings
Forcible physical touch or molestation and
Physical confinement against one’s will and any other act likely to violate one’s
privacy


Gender amity
Gender amity includes gender sensitivity and gender justice
Gender sensitivity is awareness and insight into the state of the other sex, with reference
to historical roots of sexist stereotyping, discrimination and violence. It leads to empathy,
which is the expression of placing of credence on what women feel and experience.
Gender sensitivity helps to develop non-judgmental attitude to women. It leads to
acceptance or appreciation of the individuality and dignity of women.
Gender justice is ensuring sexual equity and equality, non-hierarchy and nondiscrimination, and protective safeguards.
Employee means any person employed by the Institute, inclusive of students, visiting
fellows, project staff and persons appointed in temporary, part-time, honorary, visiting,
ad-hoc, or casual capacity.
Victim –Complainant
Accused- Alleged Perpetrator
FUNCTIONS
The main functions of the TWC are


Promotion of Gender amity
Programmes concerning women’s welfare
 Documentation and Dissemination
 Deal with Cases of Gender Discrimination/Sexual
Harassment
Promotion of Gender Amity

Organize awareness workshops/training programmes for members of the TWC on
different aspects of gender amity.
 Organize awareness lectures/workshops for TIFR members on different aspects of
gender amity.
 Take proactive steps towards health management of all TIFR members,
particularly women.

Provide information/consultation on gender amity to any student or employee
who seeks it.
Programmes concerning women’s welfare
 Organize health awareness programmes such as stress-control or prevention of
cancer.
 Organize socially relevant programmes such as child care center.
 Organize seminar/workshops on legal rights of women.
 Organize cultural programmes with the basic objective of increasing awareness in
women.
 Bring out publications in English and Hindi on promoting gender amity and
preventing gender discrimination and sexual harassment at work place, as and
when possible.
Documentation and Dissemination





Translate these guidelines in Hindi, Marathi; disseminate them in English, Hindi
and Marathi among all the students and employees as appropriate.
Provide everyone with names and phone extensions of the TWC members
Review and revise these guidelines as and when necessary. A summary may be
put up on select notice boards and web-site with names and phone extensions of
the TWC members;
Keep confidential all the details of the cases handled, that would include the
complaint, the inquiry report, advises given by the advisors and the
recommendations made by the TWC to the Director; and
Prepare an annual report, summarizing the activities of the TWC, for the UGC
and for the TIFR Annual Report.
Deal with Cases of Gender Discrimination/Sexual
Harassment






Deal with complaints of gender discrimination/sexual harassment and make an
inquiry into the case.
Provide support services to the victimized and recommend early action to the
Director to ensure termination of the harassment with immediate effect,
Consult a lawyer, doctor and/or a counselor, as the need may be,
Refer the victim to a lawyer, doctor and/or a counselor, as the need may be and
submit a report to the Director, recommending appropriate punitive action against
the accused if found guilty; and
Provide information/consultation to anyone who wants to discuss issues relating
to gender discrimination/sexual harassment whether a complaint has been lodged
or not.
Follow the Complaint redressal procedure (as described below)
COMPLAINT REDRESSAL PROCEDURE
Procedure for the Complaint



A complaint of gender discrimination/sexual harassment may be lodged with any
member of TWC in writing by the complainant.
Under special
circumstances
an individual, who may be a
friend/colleague/teacher/parent of the complainant, may make a written complaint
on behalf of the complainant.
A written complaint to the TWC may be addressed to the Convenor of the TWC.
If a written complaint is made to the Director, Dean, Registrar or any of the TWC
members, the complaint shall be forwarded to the Convenor of the TWC.
Immediate Action




The member of the TWC, to whom the complaint has been made, should
immediately provide initial support and consultation to the victim.
On receipt of the written complaint, the TWC shall initially try to resolve the
dispute through informal discussions. However, if the dispute cannot be resolved
through such means, an Inquiry Committee shall be set up by the TWC Convenor
preferably within the next ten working days. The Inquiry Committee thus set up
will consist of at least three persons from the TWC, co-opting other members
from TIFR, or outside TIFR, if necessary. At least 50% members of this
Committee shall be women. The Inquiry Committee will be headed by a woman
and will have one outside member (preferably a member of NGO).
During the pending inquiry, the complainant shall be protected against the
accused. For example, if the complainant is a student and the accused a teacher,
the accused will not act as an examiner to this student. If the complainant is a
student and the accused his/her supervisor, the student’s placement may be
changed or his/her supervisor may be changed. If the complainant and the
accused are both employees, either may be temporarily transferred. If the accused
is an outsider, he/she may not be allowed to enter the Institute, during this period.
The victim may be referred to a lawyer, doctor and/or a counselor, if necessary.
Procedure for the Enquiry


The Inquiry Committee shall investigate into the issue, by laying down its own
procedure, to find out if the accused is prima facie guilty and the nature and extent
of the guilt. It shall interview the complainant, the accused and others related to
the case, and investigate relevant documents or evidence that may be referred to.
Determining what constitutes sexual harassment will depend upon the specific
facts and circumstances of each case. The Inquiry Committee may consult a
lawyer, doctor and/or a counselor, as the need may be.
The Inquiry Committee shall submit its report to the TWC Convenor within four
weeks of its appointment. In case the inquiry has to be extended beyond this
period, the Inquiry Committee may give reasons for the delay in writing to the
Convenor of the TWC.
Procedure for Redressal




If there is a prima facie case against the accused, the TWC may recommend
immediate suspension till the person is proved innocent or the issue is settled.
Efforts must be made to resolve the dispute through counseling and mediation.
In case the accused is found guilty, the TWC may recommend appropriate
punitive action (see below) to be undertaken by the Director.
Whenever appropriate, the TWC will refer the victim (complainant) to a lawyer to
lodge a complaint with the concerned police station. The complainant shall then
keep the TWC informed about progress with the complaint.






The victims of sexual harassment should have the option to seek transfer of the
perpetrator or her own transfer.
The TWC may submit its report to the Director within eight weeks after the date
of receipt of the complaint. In case the inquiry has to be extended beyond this
period, the Convenor of the TWC shall give the reasons for the delay in writing to
the complainant.
The Director may discuss his/her plan of punitive action against the guilty party
with the TWC and then implement it within fifteen working days.
A copy of the Director’s order (or an action taken report) of the punitive action to
the perpetrator may be given to the complainant/victim.
The complainant shall have the right to appeal to the Chairperson of the
Governing Board if she/he is not satisfied by the action taken by the Director.
Nothing in these guidelines shall preclude anybody from simultaneously lodging a
complaint with the police in respect of any act amounting to an offence under the
law.
PUNITIVE ACTION
An employee guilty of sexual harassment shall be liable to give a written apology to the
victim and any of the following punitive actions:






Suitable censure/warning.
Withholding of increments.
Reduction to lower service, grade or post.
Compulsory retirement.
Removal from service, or
Dismissal from service.
A student guilty of sexual harassment shall be liable to give a written apology to the
victim and any of the following punitive actions:





Suitable censure/warning.
Withholding/withdrawing scholarship/fellowship and other benefits.
Suspension/expulsion from the hostel.
Rustication from the Institute for a period up to a certain period or
Expulsion from the Institute.
CONSTITUTION OF THE TIFR WOMEN’S CELL (TWC) AND A PANEL OF
ADVISORS
General Requirements
While constituting the TWC, the following requirements need to be met:
 Representative members from all the constituencies of the Institute should be in
the Cell.
 Convenor should be a woman.



A socially aware non-TIFR person (possibly an NGO member) has to be on the
committee.
At least 50% of the members should comprise of females.
Members should have personal integrity and gender sensitivity.
Disqualification
A person shall be disqualified from being nominated to the TWC if there is a complaint
of gender discrimination/sexual harassment against him/her.
Tenure
The tenure of the TWC will be for three years.
Meetings
The TWC shall meet at least twice a year. The meetings may be chaired by the Convenor
and the Member-Secretary will be responsible to call the meting and take the minutes and
circulate them. The notice of the meeting may be circulated at least a week in advance.
The quorum for the meetings will be presence of 30% members. In emergency situations,
the meetings may be called at a shorter notice and held with fewer members, after an
explanation for doing so. In the absence of the Convenor, the members present shall
appoint a female member to act as the Chairperson for the said meeting. In the absence
of the Member-Secretary, another member may be appointed by the members present to
take the minutes.
Panel of Advisors
The Director may nominate a gender sensitive panel of advisors, comprising of the
following experts, identified in consultation with the TWC.





Representative of a voluntary organization, dealing with the issue of sexual
harassment
A woman lawyer
A woman doctor and
A woman counselor
The advisors may be consulted and the cases of sexual harassment may be referred to
them, as and when necessary.
ETHICAL RESPONSIBILITIES TO THE COMPLAINANTS AND THE
ACCUSED
TWC shall be ethically responsible to the complainants and the accused and shall do its
utmost to provide justice for each complaint to the best of its ability.